IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Qnionppc 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


iNniadian  Institute  for  Historical  Microreproductions  /  Institut  canadien  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  aro  checked  below. 


L'institut  a  microfilme  le  meilleur  exemplaire 
q'j'il  lui  a  ete  possible  de  se  procurer.  Les  details 
de  ce>'  exemplaire  qui  sont  peut-etre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reprcduite.  ou  qui  peuvent  exiger  jne 
modification  dans  la  m^thodo  normale  de  filmage 
sont  indiquds  ci-dessous. 


n 


Coloured  covers/ 
Couverture  de  coiileur 


□    Covers  damaged/ 
Cc 


D 


Couverture  endommagee 


Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pelliculee 


D 

D 
D 


Coloured  pages/ 
Pages  de  coulaur 


Pages  damagad/ 
Pages  endommagees 


Pages  restored  and/or  laminated/ 
Pages  restaurees  et/ou  pelliculees 


□    Cover  title  missing/ 
Le  tit 


D 

Hi: 

D 


itre  de  couverture  manque 


Coloured  maps/ 

Cartes  g^ographiques  en  couieur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
ere  de  couieur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  er  couieur 


I    y^^Pages  discoloured,  stained  or  foxed/ 
1  ^'  '    Pages  decolorees,  tachetees  ou  piquees 


□    Pages  detached/ 
Pages  detachees 

F~>^Showthrough/ 
'      1    Transparence 

□    Quality  of  print  vari( 
Qualite  indgale  de  I' 


ies/ 
'impression 


Bound  with  other  material/ 
Relid  avec  d'autres  documents 


□    Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


a 


n 


Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serree  peut  causer  de  I'ombra  ou  de  la 
distorsion  le  long  de  la  marge  interieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  ixi  film^es. 


D 
D 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  cnt  6te  film^es  A  nouveau  de  facon  a 
obtenir  la  meilleure  image  possible. 


D 


Additional  comments;/ 
Commentaires  supplementaires: 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqud  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

7 

1 

■■■HH 

12X 


16X 


20X 


24X 


lu 

jifier 

ine 

age 


I 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

l\Aetropolitan  Toronto  Library 
Canadian  Histoty  Department 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specificatioris. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —*- (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  ono  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film4  fut  reproduit  grdca  d  la 
g6n6rosit6  de:  \ 

Metropolitan  Toronto  Library 
Canadian  History  Department 

Les  images  suivantes  ont  6t^/  reproduites  avec  le 
plus  grand  soin,  compte  teiiu  de  la  condition  et 
de  la  nettet^  de  I'exemplaire  film6,  et  en 
conformity  «vec  les  conditions  du  contrut  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim^o  sont  filmSs  en  commen^ant 
par  le  premi«jr  plat  et  an  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmds  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  -^*-  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  6tre 
fiim^s  h  des  taux  de  reduction  diffdrents. 
Lcrsque  le  docu-nent  est  trop  grand  pour  etre 
reproduit  en  un  seul  cliche,  il  est  film6  6  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  methods. 


ata 


ilure. 
a 


3 


1 

2 

3 

t 

2 

3 

4 

S 

6 

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25th  Congress, 
2(/  iSession. 


s 


[  SENATE.  ] 
MESSAGE 

nioM 


[  424  ] 


THE  GOVERNOR.  AND  RESOLUTIONS  OF  THE  LEGlSLxVTURE, 

OF  MAINE, 

III  relation  to  the  northeastern  boundary  of  that  State. 


May  7,  1838. 

Laid  on  the  table,  and  ordered  to  be  printed. 


To  the  Senate  and  House  of  Representatives  : 

t 
I  herewith  comm\inicate  for  your  consideration  u  conmiunication  ad- 
dressed to  me  by  the  Secretary  of  State  of  llie  United  States,  with  the  cor- 
respondence therein  referred  to,  in  reference  to  tiie  northeastern  boundary. 
This  communication  is  made  by  request  of  the  President  of  the  United 
States ;  and,  in  comphance  with  his  suggestion,  I  ask  your  careful  and 
deUberate  attention  to  the  facts  and  propositions  therein  contained.     The 
duty  devolving  upon  me  would,  perhaps,  be  performed  by  the  simple  com- 
munication of'these  documents,  witliout  any  remarks  or  comments  of  my 
own  •  but  this  subject,  always  interesting  to  Maine,  has  become  more  so  by 
this  direct  application,  on  the  part  of  the  President  of  the  United  States, 
for  the  expression  of  the  wishes  and  the  will  of  this  State  in  reference  to 
the  adjustment  of  this  long  pending  question  ;  and  feeling  o  deep  interest, 
personally  and  otlicially,  in  every  thing  that  relates  fo  it,  and  anxious, 
mainly,  that  the  ri'j;hts  and  honor  of  Maine  should  not  be  jeopardized  or 
impaired,  I  feel  it  to  be  a  duty  which  I  owe  to  the  people  who  have  assigned 
me  my  part  of  responsibility,  to  speak  my  honest  opinions  and  views. 
plainly  and  unreservedly,  upon  the  grave  matters  now  submitted  to  yon. 
I  ask  for  my  viev/s  no  other  weight  or  influence  than  such  as  their  intrinsic 
value  may  entitle  them  to  ;  and  I  desire  only  to  be  regarded  as  connected 
with  you  in  guarding,  with  watchful  care,  the  great  interests  intrusted  to 
us   and  doing  my  duty,  in  this  important  crisis,  according  to  my  best 
judo-ment.     If  my  views  are  erroneous,  or  if  I  am,  in  your  opinion,  unne- 
cessarily strict  or  severe  in  my  judgment  of  intentions,  or  too  limited  in  my 
sutrgestions  of  policy,  I  trust  to  you  to  correct  or  to  overrule  me.    I  assume 
no'^right  to  dictate  or  control  your  action. 

In'^the  communication  from  Mr.  Forsyth,  in  connexion  with  a  very  lucid 
and  interesting  history  of  the  negotiations  between  the  two  Governments,  we 
are  informed  Ihat  the  discussions  between  the  Federal  Government  and 
that  of  Great  Britain  have  arrived  at  a  stage  in  which  the  President  thinks 
it  due  to  the  State  of  Maine,  and  necessary  to  the  intelligent  action  of  the 
Blair  &  Rives,  printers.  ' 


Jli 


[  424  ]  2 

General  Government,  to  take  the  sense  of  this  State  in  roo-.rd  to  the  expe- 
diency of  openinir  u  direct  ne.irotiation  for  the  estabhslnneut  oi  a  conven- 
;;o>nd  linr  and  if  Maine  should  deen)  an  att-nnpt  to  adinst  the  matter  m 
iZ^Jovl^sy  m  that  Ibrm  advisahlo,  then  to  ask  the  a.,.ent  ot  Mame  to  tlic 

'""The  o-rave  and  important  (piestion,  therefore,  presented  for  your  consid- 
eration "as  vou  will  more  fully  perceive  hy  the  docnments  reterred  to  s, 
w  e  er  you  will  clothe  tlJ  Executive  of  the  United  States  w.th  he 
unlimited  power  of  fixmg  a  new  and  conventional   line  m  hen  ot  the 

''tClSnlJinfv'gratifvin.  to  perceive  that  the  right  of  Maine  to  be  haird  § 
.nd    onsnUeybetbre\he^reW  i^  abandoned,  is  fully  rocogmsed  by 

he  Gene  d  Governnient ;  and  1  have  no  douhl  the  Legislature  ot  Maine 
vHl  pp  i  ch  the  considel-ation  of  the  proposition  m  the  same  spirit  it  ,s 
X^i,^and  with  an  anxious  desire  to  ternnnate  this  long  pending  and 
emban'asshig  quesdon,  if  it  can  be  done  without  too  great  a  sacnhce  ol 
honor  and  r^dit.  Although  the  documents  are  somewhat  vohiniinous,  li- 
proposition  is  single  and  smiplc  in  ,ts  character,  and  easdy  understood 

I  have  criven  to  the  subject  all  the  retlection  and  examination  1  have 
been  ablelo  bestow  since  the  reception  of  the  docnments,  and  witli  a  mast 
anxious  desire  to  acquiesce  in  any  leasible  scheme  of  adjustment  or  any 
reasonable  proposition  for  a  settlement,  1  feel  constrained  to  say  that  1  can 
see  little  to  hope,  and  much  to  fear,  from  the  proposed  departure  irom  the 

^''T  Uiinkthat  the  most  cursory  examination  of  the  correspondence  and 
movements  on  the  part  of  Great  Britain,  must  satisfy  any  one  that  thej 
leadino-  obiect  which  her  diplomatists  have  had  m  view,  since  the  result  ot  ^ 
the  arbitration,  h.as  been  to  destroy  or  lay  aside  the  treaty  line ;  to  lead  us  : 
•iway  from  the  clear,  unambiguous,  delinite  terms  of  that  treaty,  and  involve^ 
us  in  interminable  discussions,  propositions,  and  replies  in  relation  to  con-^ 
vcntional  lines,  no  one  of  which  would  be  accepted  unless  it  gave  to  them 
a  laro-e  part  of  our  territory.     We  find  that  in  May,  1833,  very  soon  alter 
the  Pre 'ident,  in  pursuance  of  the  advice  of  the  Senate,  had  opened  a  new 
nerrotiation  to  ascertain  the  line  accordiv,^^  to  the  trcuti/  oj  l^^.i,  to  which 
treaty  line  the  negotiation,  of  cours(>,  was  confhied,  the  British  minister 
suo-o-csted"thattliis  perplexed,  and  hitherto  interminable,  question,  could 
only  he  set  at  rest  by  an  abandonment  of  the  defective  description  oi 
boundarv  contained  in  the  treaty,  and  by  the  two  Governments  mutually 
ao-reeino-"  upon  a  conventional  line  more  convenient  to  both  parties.       1  lie 
same  imention  is  apparent  in  the  refusal  to  acquiesce  in  the  proposition  to 
refer  the  settlement  of  the  treaty  line  to  a  commission,  to  be  constituted  o 
an  equal  number  chosen  by  each  party,  widi  an  umpire  to  be  designated 
by  a  friendly  power  from  the  most  skilful  men  in  Europe;  or,  secondly, 
that  the  commission  should  be  entirely  composed  of  such  scientific  men  of 
Europe,  to  be  selected  by  some  friendly  power,  to  be  attended  in  the  survey 
and  view  of  the  country  by  aiients  appointed  by  the  parties.     It  was  in 
answer  to  this  proposition  that  the  suggestion  of  the  impracticability  ot  the 
treaty  line  was  made,  and  the  intention  became  apparent  to  lead  us  away 
from  that  inconvenient  obstacle  to  their  wishes  atid  plans,  the  treaty  language. 
The  proposition  was  so  equitable  and  fair,  so  just  to  all  parties,  and  so  iiill 
of  promise  of  adjustment  upon  proceedings  satisfactory  to  us,  that  it  could 
not' be  peremptorily  rejected.    Hut  although  it  was  entertained,  the  answer 


lI  (0  the  cxpe- 

,  of  ;i  coiiven- 

tl\e  matter  in 

■  Maine  to  tlic 

r  your  consid- 
ret'erred  to,  is, 
;ites  wil!i  tlio 
11  lieu  of  the 

10  to  be  hoard 
recognised  by 
lure  of  Maine 
uue  spirit  it  is 
pending  and 
a  sacrifice  of 
aluminous,  il" 
mdcrstood. 
inatiou  1  have  ; 
id  with  a  niDst  : 
slnicnt,  or  any 
.say  tliat  1  can 
irture  from  the 

spondcncc  and  | 
y  one  that  the 
:o  tlic  result  of 
[ne  :  to  lead  us 
,ty,  and  involve  * 
relation  to  con-| 
it  gave  to  ihem? 
very  soon  after  ^ 
1  opened  a  newi: 
178:3,  to  which i 
]ritish  minister! 
question,  couldj 

description  of; 
nents  mutually 

parties."  The 
e  proposition  to; 
)e  constituted  oft 
o  be  designated; 
B  ;  or,  secondly.! 
icientific  men  oil 
;d  in  the  surveyl 
ties.  It  was  ir^ 
jticability  of  the] 
to  lead  us  away 
treaty  language.^ 
rties,  and  so  full 
us,  that  it  could, 
ned,  the  answer 


3  r^^^] 

10  it  cloooed  the  proposiiioii  with  m)  many  conditions,  and  so  hmiled  iho 
i)Owers  of  the  counmssioner.s,  and  rerpiired  the  concession,  on  our  part,  ot 
the  ail  mi|)orlant  fact  that  the  St.  John's  and  Restigouclie  uie  not  Atlantic 
rivers  tliat  the  oriuinal  i)laii  was  at  once  de])nvyd  ol  ad  vitahly,or  powci, 
or  usl'  and  in  lad  the  lelcronce  would  have  been  merely  an  agreement  to 
abide  by  the  decision,  provided  both  parties  should  be  ^.atished  and  assent 

to   it.  ,  1    •         •  • 

it  is  certainly  somewhat  remarlvable  that  il  uio  assuuiod  lact  is  true,  viz: 
ihat  the  ireatv  line  caunot  be  laid  down  or  li>:ed  accordmg  to  the  treaty, 
that  so  mucirunwillinirness  should  be  exhibited  to  have  an  atlempt  made 
to  ascertain  it:  or,  if  Great  Britain  is  so  strongly  convinced  ot  the  justice 
■.rJstrcir'ihoV  h-r  argimuDit  and  claim,  that  she  should  be  so  reluctant 
lo  rel'er  the  whole  question  to  disinterested  and  scientidc  Europeans,  there 
is  an  apiiarent,  and  I  dou!>t  not,  a  real  anxiety  to  avoid  discussion  or  ex:nm- 
nation  u'/.v^n/  upon  ll,r  /rcut^;  and  I  fear  that  if  we  once  a  )andon  that  line 
in  seardi  of  a  coiivenliona!  one,  we  shall  never  be  able  to  bring  them  back 
a-ain  to  consider  the  present  line,  or  to  recognise  the  treaty  as  ol  any  binUmg 
rFilcacy.    I  fear,  too,  that  the  only  (luestion  in  negotiation  lor  a  conventional 
line,  will  be  how  lar-e  a  portion  of  our  terri;ory  we  must  vi^/^  "P;     ^"^ 
su'.'>-(.stioii  made  bv  our  Government  to  take  the  river  St.  Jo  ms,  Irom  its 
nuMUh  to  Its  source,  as  the  boundary,  was  rejected,  with  a  simple  cxpressi.Mi 
of  wonder  that  it  should  have  been   made:  and  our  Government  is  told 
.'xi.liciilv  that  "his  Maiestv's  Government  cannot  consent  to  embarrass  the 
lu'niiiaiion  lespectmir' the  boundary,  by  mi-m,.r  u).  with  it  a  discussion 
ivaudin'r  (he   uarii^cdhm  of  the  St.  .ichifs,   as  an   integral  part  ot  the; 
(iire.lion'."   The  intimation  seems  plain,  that  no  ncgotialion  lor  an  excliange 
of  territorv  or  privik-'es  will  be  eiitned  into,  but  the  single  point  will  be 
1-.VV  shall  "the  ui  \m\'-A  ierrito;'v  be  divided  between  the  parties  /   1  lear  that 
if  wcabaudui.  the  Iroatv  language,  so  clear  and  so  decided  m  our  htvor, 
ai.d  ^o  much  at  variance' with  their  claim,  we  shall  leave  a  certainty  lor  an 
iuicenaintv,  and  throw  doubt,  cnfusion,  hud  embarrassment  over   our 
d,,;.  :.nd  our  cours.  of  action,  anc?  yield  to  Great  Britain  the  un.at  obstacle 
we  now  present  to  her  grasi)ing  spirit,  the  solemn  treaty  ot  \tb6. 

And  what  securitv  have  we  tliat  any  line  can  be  hxed  upon  which  shall 
bo  pernianeul,  or  wliiit  ceriainly  is  there  that  the  new  line  '"^y  not  be 
declared  to  be  -  impracticable;'  whenever  it  may  come  "^^"f  "^Vn    nl'   to 
of  the  plans  or  wishe.  of  CJreat  Britain?    It  would  certain  yb<=  dillicult  to 
pivseul  a  siruim-er  and  clearer  case  than  we  now  do  ;  and  if  diplomacy  and 
skill  can  manuf.ctnre  doubts  a.,d  embarrassments  in  the  ^I'^^ussion  ot  die 
.na.slion  as  now  i.r.s,mted,  we.  may  well   despa.r  ot  ever  nxmg  a  certa 
J,a  u,„Uerable  line  ol'  boundary.     If  I  am  accused  of  "'J''^^}*^':;:^;^;^ 
m  these  remarks.  I  would  point,  in  justihcatiou,  to  tlie  remaikable  piogiess 
of  the  doubts  and  assertions   in   r.^lation  to  the  treaty   nie  oi  bomdarj 
V/ben  the  qu.slion  as  to  which  river  wao  the  true  St.  C  roix  of  the  treaty 
.which  was  the  onlvqneslion  Iho,  m  dispute)  was  befl)re  the  commissione  is 
under  the  (ivatv  of  1791,  the  British  agent  founded  his  prmcipa  argnmeni 
tor  the  westernmost  river,  upon  the  -round  that  a  line  due  "oi'll^.^'O'"     « 
source  of  that  river  would  only  include   a  part  ol  one  ot  the  r've's  (the 
St.  Johns)  which  have  their  mouths  wiUnn  .\ew  t^''^'^^/^''^^-.  ."f  .f  ^^ 
-the  most  accustomed  and  convenient  rule,  m  cases  of  this  kind,  is  to 
leave  to  each  power  respectively  the  sources  of  those  rivers  that  empty 
,ljcm.=p!ve.s,  or  whos-.;  montlis  arc  within  its  territory  upon  the  sea  coast,  it 


:ii 


li 


[  424  ]  4 

it  can  be  done  consistently  witb;  or  in  conformity  witii  the  intent  of  the 
treaty."'    A  line  cine  north'lVom  the  sonrce  of  the  western  or  main  branch 
of  the  Schoudiac  or  St.  Croix,  will  fnlly  secure  this  cll'ect  to  the  United 
States  in  everv  instance,  and  also  to  Great  IJritain  in  all  instances  excejjt  m 
that  of  the  river  St.  .lolmr..  ndierein  it  becomes  iHijxissihh;  by  reason,  that 
the  sonrccs  of  this  river  arc  to  the  westward,  not   only  of  the  western 
bonndary  line  of  Nova  Scotia,  hnt  of  the  sonrccs  of  the  Penobscot,  and 
even  of  the  Kennebec,  so  that  this  north  line  viiisl,  of  mcessi/i/,  rro.ss  the 
SL  JoiiNs,  bnt  it  will  cross  it  in  a  part  of  it  almost  at  the  foot  of  the  lli^•h- 
lands,  and  where  it  ceases  to  be  navig;'.I)le.     IJnt  if  u  noith  line  is  traced 
from  the  sonrce  of  tlie  Chcpntnatecook,  it  wdl  not  only  cross  the  river  St 
.John's  within  abont  lifty  miles  from  Frederickton.  the  metropolis  of  New 
Ihnnswick.  bnt  will  cnt  olf  the  sources  of  the  rivers  wliich  lail   mto  the 
Ray  of  Chalcnrs,  if  not  many  others,  probably  of  the  Meramichi,  amonjr 
them  which  tall  into  the  Gulf  of  St.  Lawrence,  and  thereby  be  productive 
of  inconvenient  consequences  to  the   two   powers,   if   not  of  contention 
between  them,  instead  of  "terminatinjj:  their  diflerences  in  .such  a  manner 
as  may  be  best  calcniiitcd  to  {)rodnce  mutual  satisfaction  and  "food  under- 
standinir.  which  is  one  of  the  principal  and  avowed  objects  of  the  treaty."' 
At  this  Time,  then,  there  was  no  doulit  that  the  line  rinming  due  north  to 
the  hiirhlands  of  the  treaty  nuist  cross  the  St.  John's  river:  and  if  the 
startintr  point  was  carried  cast,  it  is  admitted  that  such  line  would  cnt  olf 
tiie  Kestigouclie.  which  is  nearly  as  far  north  as  our  claim  ;  and  certainly 
the  line  was  to  run  eqnallv  far  liorth,  whether  the  starting  point  was  cast 
or  west,  unless  the  hiirhlands  inclined  to  the  south;  and    ,  ct  we  are  novv^ 
required,  as  a  preliminary,  to  admit  that  the  St.  John's  and  Hestigouche  are 
not  Atlantic  rivers,  withiii  the  meaning  of  the  treaty,     in  1814,  when  the 
negotiations  whicll  resulted  in  th(!  treaty  of  Ghent  v.'ere  in  pro;>-ress,  no 
pretence  was  made  that  our  line  did  not  extend  [,( yond  the  St.  b:)lni"s,  and 
according  to  our  present  views. 

Great'l5ritain,then,  by  her  negotiators,  expressly  stat(d  lliat  she  "desires 
the  revision  of  the  frontier  between  her  North  American  chnuinions  and  those 
of  the  United  States,  not  with  any  view  to  an  acquisition  ol'  territory,  as 
snch,  bnt  for  the  purpose  of  securing  her  ]if)sscssi(nis.  and  jireventing,  in 
future,  disputes,  and  such  a  vadiatiox  of  th(>  line  oi'  iVcmtier  jis  may  secure 
a  direct  communicatiou  between  Q.nebec  isnd  Haliiiix."  And  wlien  our 
negotiators  peiemptorily  refused  to  agree  to  any  ccsftir.n  of  territoiy,  the 
answer  was,  that  they  "were  not  ])repared  to  anticipate  the  objections 
contained  in  the  note  of  the  American  plenipotentiaries,  that  they  were 
instructed  to  ^reat  for  a  revision  of  their  boundary  lines,  with  tlie  statement 
which  they  have  subsequently  made,  that  they  had  no  authority  to  ctWc 
any  part,  however  insignificant,  of  the  territories  of  the  Unitid  States, 
althouo-h  the  proposals  lel't  it  op.cn  for  them  to  demrmd  an  eijuimhid  for 
snch  cession,  in  territory  or  otherwise."  And  yet,  now  that  territory,  which 
they  then  ofitrcd  to  pay  us  for,  is  claimed  as  clearly  their  ov.'U  ;  and  lliat 
line  whicll  then  was  admitted  and  recou-iiised  as  including  the  territory  as 
claimed  by  us,  is  now  declared  to  be  impracticable,  and  must  be  abandoned, 
and  a  more  convenient  one  sought  for  and  estJililished. 

I  feel  most  sensibly,  that  the  question  now  presented  is  one  of  very  grave 
importance,  and  that  the  action  now  to  bo  had  by  the  Legislature  of  Maine 
may,  and  probably  will,  liave  a  very  material  in/iuence  upon  the  relations 
between  tliis  Government  and  Great  Uritain. 


ii(f!nt  of  llio 
luiiii  braiicli 
I  the  United 
;rs  oxcr])t  in 
reason,  llmt 
tlie  western 
nobscot,  and 
///,  r/'o.v.v  I  he 
of  the  liiiili- 
inc  is  traced 
the  river  St 
)olis  of  jNew 
lali   into  the 
lichi,  nmon<2; 
e  productive 
»i'  contention 
i;h  a  manner 
fjood  i.indcr- 
r  the  treaty."' 
due  north  to 
;  and  if  the 
von  Id  cut  oil 
md  certainly 
MMt  was  east 
•,  we  are  nov/ 
■itiu-onche  are 
I  j,  when  tiio 
prouress,  no 
:.  loliu's,  and 

she  "desires 
)nsand  those 
■  territory,  as 
reventin^'-,  in 
s  may  secure 
lid  wiieii  our 
territory,  the 
le  oltjections 
lit  they  were 
(he  statement 
lority  to  cede 
'nitid  States, 
finivdhut  for 
ritory,  which 
vn  ;  and  ifiat 
e  territory  as 
e  abandoned. 

of  very  ixravc 
ir(;  of  Maine 
the  relations 


5  [  424  ] 

The  painful  conviction  is  forced  upon  me,  that  Great  Britain  is  deter- 
mined to  hold  this  territory  that  she  now  claims,  deeming  it  highly  impor- 
tant as  securing  a  connexion  between  her  provinces  in  time  of  war  and 
peace  ;  and  T  reiterate  the  assertion  heretofor*^  made,  that  -'we  have  little  to 
hope  from  the  forbearance  or  action  of  the  IJiitish  Government.  Their 
aim  is  apparent  to  expunge  t!ie  treaty  provision,  and  to  hold  on,  with 
an  unyielding  grasp,  to  their  modern  claim,  and  reject  all  propositions 
having  the  treaty  line  for  their  basis."  I  cannot  but  regard  it  as  unfortu- 
nate, that  our  CJeneral  (Jovenmient,  although  it  has  recognised  our  right  to 
be  consulted  before  any  conventional  line  should  be  adopted,  has,  in  a 
degree,  at  least,  given  countenance  to  the  propriety  and  expediency  of 
departing  from  the  treaty  line.  In  a  note  from  the  Department  of  State, 
dated  2Slh  April,  1S35,  Sir  Charles  11.  Vaughan  was  assured  "that  his 
l)rompl  suggestion,  as  his  Britannic  Majesty's  minister,  that  a  negotiation 
should  be  opened  for  the  establishment  of  a  conventional  boundary  between 
the  two  countries,  was  duly  appreciated  by  the  President,  who,  had  he  pos- 
sessed like  powers  with  his  Majesty's  Government  over  the  subject,  would 
have  met  the  suggestion  in  a  favorable  spirit."  Such  a  suggestion,  it  seems 
to  me.  althouij'h  dictated,  doubtless,  by  x  sincere  desire  to  end  the  contro- 
versy, was  well  ciilculated  to  lead  our  ojiponents,  as  a  matter  of  jiolicy  on 
their  part,  to  clog  the  previous  projiosit'on  with  insuperaiilc  difiiculties,  and 
to  encourage  them  to  persevere  in  their  attempt  to  obliterate  the  treaty 
langiiaire.  [  think  the  same  elfecl  must  have  resulted  from  the  singular 
amnmciation  to  the  Britisli  (Jovermnent,  by  the  late  President  of  the  United 
States,  in  1832,  in  opening  the  nci^otiation  under  the  vote  of  the  Senate, 
for  a  settlement  of  the  tiikaty  line,  "  that  if  the  plenipotentiaries  should 
fail  in  a  new  attempt  to  agree  upon  the  line  intended  by  the  treaty  of  17S3, 
there  would  probably  bo  less  dilliculty  than  before  in  tixing  a  convenient 
boundary,  as  measures  were  in  progress  to  obtain  from  the  State  of  Maine 
more  extensive  |)owers  than  were  before  possessed,  with  a  view  of  over- 
coming the  const itutioiial  obstacles  wliieh  had  opposed  themselves  to  sucli 
an  arrangement.'' 

If  a  direct  proposition  had  come  lo  us,  thror.gh  the  General  Government, 
for  a  specific  line  of  boiiiidary,  yielding  to  us  territory,  or  jnivilcges  of 
navigation  equivalent  to  the  imsettled  tin'ritory  which  we  might  cede  to 
litem,  it  would  certainly  have  presented  the  question  in  a  dillerent  aspect; 
but  the  f[ueslion  noio  is,  as  1  understand  it,  whether  we  shall  take  the  lead 
in  a!)andoning  the  treaty,  and  volunteer  propositions  for  a  conventional  line. 

In  ros])cct  to  the  proposition  for  additional  surveys,  as  it  seems  to  me 
inexpedient  for  this  State  to  aciphesce  in  the  proposed  negotiation  for  a 
conventional  line,  until  it  is  deinoiisiraled  that  the  treaty  line  is  utterly 
impracticable  and  void  ibr  uncertainty,  I  can  have  no  doubt  that  the  line 
ought  to  be  run,  either  by  a  joint  conmiission  of  exploration  and  survey, 
or  independently  by  our  General  Government,  by  its  own  surveyors.  It  is 
evident  to  me  that  Great  Britain  is  determined  to  avoid,  if  possible,  such 
an  examination  and  exploration  and  establishment  of  the  line,  and  such 
[iroof  of  the  real  facts  of  the  case. 

[t  will  be  perceived  that  the  President  intimates  that  if  the  consent  of 
Elaine  is  not  oI)tained  for  entering  into  direct  negotiations  for  a  conven- 
tional line,  and  all  other  measures  failing,  •'•  he  will  leel  it  to  be  his  duty  to 
submit  another  proposition  to  the  Government  of  Great  Britain  to  refer  the 
decision  of  the  question  to  a  third  party.'' 


[424  1 


e 


As  tliis  rinht  is  claimed,  ou  the  part  of  tl.o  P.csiuenI,  as  withm  Ins  con 
.titution  1  powers,  without  the  cunscut  of  ^\a^u.,  and  as  no  ac  .on  on 
Zto    Ahvino    ui  lelcivnco  to  tins  mode  of  adjustniont,  is  asked  l>y  the 
Ci  en        .;,•  ea   to  conn.ient  uy.m  it,  hut  retor  it  to  your  cons.deratu.n 
S  Station,  in   relation  to  tilis  in.erestn.j.  qne^fon,  at  tins  jno.nu, 
demands  the  cKcrcisc  of  cool  and  dispassionate  jud-n.ent,  and  caietul.  cm- 
fic^^lnt      n'actic.u.     Wc  owe  it  \o  the  General  tJovermnent  and  our 
sis  er  States  to  do  nothin-  rashly  or  hastily;  to  bear  and  loil.car  In    tla 
^d  e  ot  S^^^^^^         tl;c  imlion  and  the  quiet  of  our  borders;  but  we  h;ae 
•t  d  itv  to  p 'rfo  m  to  ourselves  and  our  constituents,  who  have  intrusted 
;  ,e  r^rl  ts  an  lonor  of  Maine  to  our  Iceepinir.    Kelyiu.  upon  your  patnoi- 
m  ilnd  iiUe  hcrence,  and  caution,  1  place  those  docnnu-nls  1.  lore  you  and 
askVouVaction  upon  ti,en.,  in  the  confident  hope  that  the  riohts  and  the 
lemyory  sSmed  to  us  by  our  lutliers,  in  the  lield  and  the  cabinet,  will  not 
be  impaired  or  surrendered.  GDWAlU)  IvKNT. 

CoL'NCir.  CiiAMDEH.  3/arc/i  1 1,  183S. 


STATE  OF  MAINE. 

Resolves  in  relation  to  the  northeastern  boundary. 

Rpwlrrcl  That  it  is  not  expedient  to  cjive  the  assent  of  this  Stale  lo  the 
FeS  Govermnent  to  treat  with  that  of  (ireat  Hrita.n  lor  a  conventional 
line  for  cmMlcIItheastern  boundary:  but   that  this  Slate  will  insist  on  the 

line  established  by  the  treaty  ol  1/bJ.  nonsent  -o 

Rcsolrcd,  That  as  this  State  has  never,  heretolore  mven  ho^r/^'^f^'^  '^ 
the  UT  poi  t  nent  of  an  umpire  under  the  treaty  ol  Clhent,  in  IbM,  butj  a 
^tSa!unsttliesame^  and  as  she  beheves  U  |o  ^  a,rav.c^c^  o^^ 
Whether  the  provision  in  the  treaty  !<«•  this  purpose  has  not  done  its  oil  c  , 
and  isrtl'eretore,  no  longer  ni  force,  she  is  not  now  prepared  to  give  hei 
•issent  to  the  appointment  of  a  new  arbiter. 

T.LTm'^         our  Senators  and   llepresentatives  m  Congress  be  re- 
quel  ed  to  urae  the  passage  of  the  bill   lov  the  survey  of  t^^^;  "'^l^  ^-^  ^ 
boundary  of  the  United  States,  c^c,  now  pending  m  Congress    ;  i  ^  ^  '•  t 
Sd  bill  shall  not  become  a  law  during  the  present  session  ol  (  ^^^^^ 
if  the  Government  of  the  United  States,  either  alone  or  m  conjunction  wit 
Gieat  Britain  or  the  State  of  Maine,  shall  not,  on  or  ^f-^  In-  ev  of'Iald 
September  next,  establish  and  appoint  a  commission  forasnneyot  sa  a 
bouSv  line  it  shall  then  he  the  imperative  duty  of  the  Governor,  with- 
ou   fu;2     eiay  to^^^  forthwith  suitable  conm.issioners  and  surveyors 

?or  ascevtaining^-unnin.^  and  locating  the  norlheas.ern  boundary  line  o4 
this  State,  and" to  cause  the  same  to  be  carried  into  operation. 

/^eiS  That  ti.e  Governor  he  requested  to  transmit  to  the  President 
of  the  UnU^d  States  one  copy  of  his  message  t6  the  Uegislalure,  on  the 
suhiect  of  the  northeastern  boundary,  and  these  resolutions,  and  one  copy 
oh  same  to  each  of  the  Heads  of^)epartment  at  Waslnnalon  one  copy 
to  each  of  our  Senators  and  Representatives  in  Congress,  and  one  copy  to 
the  Governor  of  Massachusetts. 


lin  his  coil 
tion  oil  tlie 
:l;o(l  by  ili"^ 
iisick'iMlitiM. 

jis    lUOlHLill 

;al'«>till.  Ciiu- 
■iit  iiiid  our 
■l)o;ir  liir  the 

jUl  WU  llilVO 

,•(!  iiitnistid 
ronr  palrini- 
i)Yc  you,  iiinl 
lilts  and  the 
not,  will  not 

)  KENT. 


5  Stale  io  the 

conveiitioiKi! 

insist  oil  tiu' 

lor  consent  to 
ISll.  but  lias 
rave  ([ucslion 
one  its  ollice, 
III  to  s;ivu  her 

i)2"i'ess  l/G  re- 
)  norlhoastcni 
s;  and  that  if 
CdiiLiress.  and 
ijiinction  with 
he  liist  day  oi' 
survey  ot'  said 
ovenior,  with- 
aiid  surveyors 
undary  lino  o4" 

)  the  President 
sluture,  on  the 
,  and  one  copy 
ot(in.  one  copy 
nd  one  copy  to 


Ucnd  aiiil  passed. 


Read  and  passed, 
March  23,  1838.     /\pproved. 


7  [  424  ) 

In  tiuu  lloi'iSii  OF  Hkpukskntativf.s, 

March  2\i,  183S. 

MLISHA  II.  ALLl'LX,  Hpeakn'. 

In  Sknatk,  iyfl;t/f  23,  1838. 

X.  J5.  FJTTl.GFIELD,  PrcskUnt. 


i:i)WAlU)  l\HiNT. 


Skchf.tary'.s  Office, 

Avgusta,  March  28.  1838. 

I  horchy  ccriify  tliai  the  Ibroafoinic  arc  true  copies  of  the  oriirinals  in  this 
ofiice. 

/Vttost:  SAML.  \\  Hll'SSOS.  H^'ccretari/ of  State. 


T 


i 


'i^ 


